cross fire. in san francisco, a man is shot and killed while driving in one of the busiest streets in the city. good evening. i'm ann notarangelo. we begin in san leandro where an innocent man has been killed, caught in the exchange of gunfire at the bart station. elizabeth wenger has more on the shooting. one arrest and the search for more suspects. elizabeth? >> reporter: the search is definitely ongoing. they still have the crime scene tape, the yellow crime scene tape up here at the bayfair bart station. even though trains have been back up and running for several hours. police gave an update a little while ago. they describe what happened as shoot-out between two groups of people. it appears the victim was simply in the wrong place at the wrong time. police say it was a shoot-out between two groups of people at the bart station. >> it appears there were words exchanged. both groups began to fire at each other. >> reporter: at this point in

the investigation, police say it appears it was an innocent bystander caught in the cross fire and killed. >> it does not appear that he was involved. >> reporter: now a 16-year-old is in custody and police are still looking for about a half dozen more suspects who could be involved. the shooting happened in broad daylight, shortly after noon in a bus zone in front of the bayfair bart station. police say a 40-year-old african-american male was killed. another female victim is supposed to be okay with non- life-threatening injuries. the station was closed all afternoon, catching many riders by surprise. >> i'm going to be to work a little late. >> i get off here every week. it's a little scary. >> reporter: police say there were witnesses. they're hoping surveillance video taking on a nearby transit bus may give them some clues. last month, there was another bart shooting, this one at the pittsburg bay point station.

police say crimes like this are still rare. >> we don't have a number of shootings, whether it be daylight or nighttime. so this is atypical. >> reporter: and police say they simply don't know at this point if it is gang-related. but tonight they also found a second crime scene where they found some evidence. they won't release what that evidence was. they've also established an anonymous tip line. if you have any information, you're asked to call 510-464- 7011. i'm elizabeth wenger for cbs 5. another fatal shooting in a crowded area. this one in san francisco at gary street late this afternoon. police say a 26-year-old man was shot after driving in the area. he was pronounced dead at san francisco general. the gunman, who witnesses say was wearing a dark hooded sweatshirt ran to another car and took off.

and this was the day gun advocates rallied around the country, from buffalo, new york, to harrisburg, pennsylvania. the sentiment was the same. anger at president obama's sweeping package of federal gun- control proposals. cbs 5 patrick was there. >> reporter: in pacifica today, more than 200 people rallied in support of the second amendment. >> we need weapons. >> what for? >> to protect ours. if -- ourselves. >> the president's plan is a balanced plan to bring about safety or our children. >> reporter: but steve says the law is strict enough as it is, and if pressed, would he use his gun? >> if i was a victim of a

violent crime, if somebody broke into my house and they were in there, sure, i would. what am i supposed to do, let them kill me? >> reporter: but in the wake of the sandy hook elementary school massacre, this woman just wants to keep her kids safe. >> i don't want to have to hire armed guards around the school to protect them from the possibility of someone bringing in an assault weapon and shooting 30, 40, kindergartens. how many times does it have to happen before we say let's address one of the key points of the issue, which is to get weapons away from people who are mentally disturbed? >> reporter: and this man wants the laws to say the same. >> i'm 80 years old. fourth-generation californian. >> do you have a gun? >> none of your business. >> reporter: president obama is due to sign a gun-control bill by the end of this month. and the second amendment supporters that i spoke to said they will not back down.

from the newsroom, patrick sedillo, cbs 5. meantime, accidental shootings at gun shows left five people injured. in raleigh, a shotgun went off, injuring three people. in indianapolis, police say a 54-year-old was injured when he accidentally shot himself while leaving the gun show. and in ohio, a gun dealer was checking on a handgun he bought when he accidentally fired, injuring his friend. california's political heavyweights are gathered for the presidential inauguration. the big topic today was gun control. christin ayers is in washington and she spoke with nancy pelosi and jean quan this evening. a bloody end to the hostage drama in algeria today. algerian special forces stormed the gas plant where islamic militants were holding workers

hostage. >> reporter: these hostages were able to escape from the gas plant before algerian special forces launched their final assault. state media reported that a number of foreign hostages survived, including at least four americans. but in the chaos, it's not yet possible to get the exact figures. u.s. military aircrafts evacuated some survivors to a nato air base. pictures of the siege showed gunmen rounding up hostages. this worker says terrorists told him you have nothing to do with this. you're algerians and muslims. we only want the foreigners. bob dudley said 14 of its 18 foreign employees at the plant were safe. >> we are not able to confirm the circumstances of four of our employees. tragically, we gravely fear we

will be seeing fatalities from this group. >> reporter: algerian troops discovered a cache of heavy machine guns, rocket launchers and grenades. local media have identified this man, abdul nijeri, as the leader of the attack. he's the head of an al-qaeda- linked group. the algerian oil company running the plant said the attackers had the entire refinery booby-trapped and that it would be dayed before the clearing out process is complete. shocking video out of bulgaria tonight. an assassination attempt that failed when the gun didn't fire. the gunman jumped on stage to shoot the long-time leader of the movement for rights and freedom. the gun apparently got jammed and the 58-year-old escaped unharmed. security guards were scene kicking and beating the attacker. bulgarian authorities say they

arrested a 25-year-old man. no word on the motive behind the attack. tonight we've learned that two men from san francisco have been killed by high surf in hawaii. officials say they were pulled into the water and both drowned. a strong rip current pulled four surfers into dangerous waters near the cliff house today. u.s. coast guard rescue crews were called to ocean beach after the surfers were reported missing. one witness told cbs 5 the surfers were struggling to get back to shore. >> it was precarious. the waves were big, kept smashing on top of them. but they eventually worked their way to the shore okay without any assistance. >> the national weather service has issued a high surf advisory from sonoma to the san jose coast. michael crabtree is

expected to play tomorrow against the atlanta falcons. the news comes as crabtree finds himself involved in a sexual investigation. no new information today but crabtree's lawyer says he is cooperating with the investigators and voluntarily answering questions before heading to atlanta with the team. meanwhile, 49ers fans are pouring into atlanta for tomorrow's championship game. >> oakland and california have these very strong gun-control laws, but i still have teenagers with ak-47's on the street. >> california leaders gathered in washington, and tonight they're talking gun control. a live report from d.c. after the break. good evening, everybody. mavericks. it's a green light for sunday. we've got that forecast. plus rain, when it returns to the bay area. the details with the pinpoint forecast as eyewitness news continues.

during sleep train's huge year end clearance sale, get beautyrest, posturepedic even tempur-pedic mattress sets at low clearance prices. plus, get free same-day delivery, set-up, and removal of your old set. and through monday, get 3 years interest-free financing on selected models. but hurry, the special financing offer ends martin luther king, jr. day. don't miss the year end clearance sale at sleep train. superior service best selection lowest price guaranteed. ♪ your ticket to a better night's sleep ♪

the *public* swearing in is monday. president obama officially begins his second term at noon tomorrow. the public swearing in is on monday. according to a cbs news new york times poll, he heads into his second term with an approval rating of 51%. ten months ago, his approval rating was 41%, the lowest of

his presidency. his highest rating was 68% in april of 2009. christin ayers is in washington, d.c. to cover not just inauguration but the california leaders who are also there. we understand the topic of conversation today was gun control? >> reporter: that's right. as the national day of service was ending today, all of the balls began at california's golden state ball. talk quickly turned to the president's tough new gun- control proposal. hours before president obama's official swearing in, california's political heavyweights rubbed elbows in washington, d.c. and talk turned to sweeping new gun- control proposals the president has outlined. >> the american people want gun violence prevention to take place. the president says he will give it his all to make that happen. i don't know what further motivation we could have than what happened in newtown.

>> reporter: a recent poll shows that in the aftermath of newtown, more than half of americans support new gun control. we found oakland mayor jean quan here. vice president joe biden urged mayors to act now on gun control. >> oakland and california have these very strong gun-control laws, but i still have teenagers with ak-47's on the streets of oakland, because they can come in by mail. so we really have to have a national law that requires at least id checks and criminal background checks. >> reporter: quan is lobbying for the hiring of former los angeles police chief bratton in oakland. bratton, an outspoken proponent of the stop-and-frisk policy, has recently been a target of protests in oakland. >> i'm not here to defend every policy or everything chief bratton has done. but i do know this. that crime in los angeles went

down. >> reporter: but that controversy may pale in comparison to the kind of gridlock that could take place. >> does it seem realistic at this point to think that could pass with such a divided congress? >> well, it has to go to the public. i think the more unified the public is on gun violence prevention, the more congress will act upon it. >> reporter: by law, the president has to be sworn in on january 20, so he will be sworn in in a private ceremony tomorrow. but all of the inauguration celebration and parades will happen on monday. >> i know you'll be covering the private swearing in tomorrow. clearly that's the focus. but there's also a lot of other events to celebrate. what else is going on? >> reporter: once president obama and vice president biden are sworn in in separate ceremonies, they'll then go to

arlington ceremony and lay a wreath there. they'll also have a candlelight ceremony going on. >> you've got a busy couple days ahead of you. thanks to much. we hope you'll stay with cbs 5 and christin ayers for complete coverage of the inauguration. we'll have special reports from washington tomorrow and of course on monday, so stay with us. some years, they have to move the inauguration indoors because it's so cold. >> it won't be that bad at all, about 46 degrees, but there is a chance of a snow shower by the effect hours. by tuesday, the coldest air mass so far this winter season. good evening. we're beginning to warm up ever so slightly. let's go ahead and head outside where today we had temperatures that banked from 60 degrees in pacifica, concord, livermore, also in fairfield, to 70 degrees. the first time we realized 70 this year, it was 73 degrees in santa cruz.

live weather cam. look out on the embarcadero, currently 51. notice the difference. livermore and santa rosa both in the 30's. it's in the 40's in redwood city and in oakland. 51 again in san francisco. tonight, overnight still sub freezing temperatures. santa rosa, fairfield, also in livermore, where this morning it was 29 degrees. nearly 40 overnight. 30's will be common around the peninsula. this will be the last night of subfreezing temperatures. overnight still freezing and otherwise that high surf advisor in place for sunday, including mavericks. first things first. let's pinpoint your extended forecast. cooler, cloudy, wednesday with a slight chance of rain returning right here to the bay area. right now you see this right here? this gives you a good indication where the jet stream is. it's going up around that huge dome of high pressure which is

providing us with ample sunshine, not only here locally but along the seashore as well. the rip current risk remains on the high side all the way through the holiday on monday. meanwhile, highs across the state pretty uniform, in the 60's. 50's, yosemite. 65 monterey bay. our temperatures, again pretty uniform as well. 60 in san rafael. otherwise upper 50's in concord to the low 60's throughout the tri-valley. mid 60's in redwood city. take a good look at this. full sunshine through tuesday. wednesday, we cloud up, leading to that potential of rain showers. thursday, partial clearing of the skies. as we forge ahead through friday and saturday, we reintroduce a chance of rain

back in the forecast. i have to tell you, the computer models are leaning more and more likely to put rain in that forecast. >> all right. get out that umbrella again. >> one thing with the rain, it's not as cold, so that's good. all right. if you like baseball, she's got it. football basketball, hockey. is there anything you don't have? >> i don't have mma. i know this is going to make you very upset but maybe you and roberta could catch up on that. the raiders have found their man to manage the offense. and we'll head back to atlanta.

nfc championship game... for more from atlanta, here's vern glenn. we are 12 hours and 32 minutes away from kickoff in the nfc championship game. yes, i'm counting. for more from atlanta, here's vern glenn. >> reporter: from the georgia dome in atlanta, the 49ers went through their final dress rehearsal this afternoon. here is the team arriving back at their hotel after the walk- through. the only one who stopped for the autograph seekers, coach jim harbaugh. on this eve of a conference title game, here are some final thoughts from some of those who have to get it done. >> it's a big challenge, a big task. going to play the atlanta falcons for the nfc championship game. people said some nice things about it, cover of sports illustrated says a very nice thing about our team. put it up on the wall. says something nice about you. but it doesn't change anything about what our job is.

>> this is 100% a business trip. this is what we worked for all season. >> it's not good enough just to make it to the nfc championship. we want to win it all. >> reporter: the 49ers are ready to win this game and should that happen, they get a trip to the big easy, new orleans, for the super bowl. in atlanta, vern glenn, krshz. the raiders have named jaguars coach greg olson their new offensive coordinator. staying in the afc, the patriots and ravens will play in the championship game for the second year in a row. new england will do their best to end the ray lewis farewell tour. >> i can't come back. you know, my kids are calling for daddy. it's a great reward to see the sacrifice my baby versus made

for me and it's time that i sacrifice for them. >> you can see the afc championship game tomorrow at 3:30 right here on cbs 5. of course, stay tuned after for the 5th quarter. i will be back next year, opening day, closing for the giants. and for the next ten years in this city. if you guys want me. i don't know. >> what a difference a year make. he told the new york post that he doesn't expect wilson to return. the 30-year-old is coming off his second tommy john surgery. baseball legend stan musial passed away earlier this afternoon at the age of 92. stan "the man" musial spent his entire 22-year career with the cardinals and played in 24 all- star games. and earl weaver passed away last night on a cruise.

he led the orioles four times. he was 82 years old. we'll be right back.

it's so quiet!

richard jefferson, the veteran can still get up...the reverse dunk...jefferson 1 stephen curry back in the warriors lineup. jefferson, the veteran can

still get up. the reverse dunk. the warriors led by as many as 16. but the hornets made a second- half push and took the lead. down to 35 seconds remaining. the warriors snap their three- game losing streak. 116-112, the final. david shaw. second half. cobbs brings them within a point on the floater. but that's as close as the bears would get. picked off by chasson randle. stanford knocks off their rival. they're now 2-and-3 in pac 12 play. st. marys visiting portland. the gaels led all night. second half, portland shot 23% on the night.

gaels win 60-38 and are now 4- and-1 in conference. usf hosting loyola. second half, usf pulls away. tolleson spotting up from beyond the arc. they beat lmu. butler with the steal. >> i can't believe it! i can't believe it! >> jones with the buzzer beater. butler upsets no. 8 gonzaga. there's jonathan, the rebound. the defending stanley cup

champs. so, what if colin kaepernick is leading the 49ers on a game- winning drive at 3:00? you change the channel, or do you keep the channel on the 49er game? >> you're putting me on the spot right now. i will be here at work doing my weather work. >> roberta has many televisions. we'll be right back.

[ male announcer ] the career landscape of america is changing. new jobs are here, and by 2025 we could have millions more that demand qualified college graduates. many in the bay area. at devry university, our market-responsive bachelor's and master's degree programs can give you what you need to succeed in today's careers and the ones on the horizon. get the know how you need for a new tomorrow at our 4 bay area locations, online or both.

learn more at devry.edu. and let nothing stand in your way. what's truly amazing about mercedes new mbrace2 system... is i can follow all my sports... catch the latest breaking news... keep in touch with friends... follow the financial headlines... find a great restaurant... and with siriusxm i can get weather forecasts... all from here. in my mercedes-benz. [ male announcer ] introducing mbrace2. the most comprehensive cloud-based telematics system on the road. it's your world, from your car. mercedes-benz. the best or nothing. holds the keys to the batmobile. the bubble-topped ride for the caped crusader sold for

on dollars the joker and cat woman, now there's another one who holds the keys to the batmobile. it sold for $4.2 million at auction in arizona. this is not a replica. it was the first one built for the 1960's tv show, bat, batman. thanks for watching. we'll see you back here tomorrow night. good night.

get beautyrest, posturepedic even tempur-pedic mattress sets at low clearance prices. and through monday get 3 years interest-free financing on selected models. don't miss sleep train's year end clearance sale. ♪ your ticket to a better night's sleep ♪ the world is gonna roll me ♪ ♪ i ain't the sharpest tool in the shed ♪ ♪ she was looking kind of dumb ♪ ♪ with her finger and her thumb ♪

♪ in the shape of an l on her forehead ♪ ♪ well, the years start coming and they don't stop coming ♪ ♪ fed to the rules and i hit the ground running... ♪ (rapid overlapping chatter) ♪ your brain gets smart but your head gets dumb ♪ ♪ so much to do so much to see ♪ ♪ so what's wrong with taking the back streets? ♪ ...and especially our browning evidence. they have nothing to answer it. jefferson's trying to skate by on nice ideas without a lot of facts to back them up. sorry, guys, but if you want to take a trophy you got to do the work. extend across our unanswered d.a. harms, and we win this round cold. ♪ get the show on... ♪ man: wow. alyssa, you sure talk fast. you know what they say-- speed kills. speed and evidence, right? how many pages do you have in your tubs? uh, about 20,000. why? did you research that yourself or copy it at some overpriced debate camp? i researched it. at dartmouth's top-rated debate camp. man: great. you keep saying your browning evidence wins the round. can you explain it?